Bryant v. City of Pittsfield
Massachusetts Supreme Judicial Court
Tort for the alleged unlawful diversion of the water of Hathaway Brook which before such diversion flowed through the land of the plaintiff at Dalton.
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Tort for the alleged unlawful diversion of the water of Hathaway Brook which before such diversion flowed through the land of the plaintiff at Dalton. Writ dated December 29,1906. The defendant’s answer, in addition to a general denial and setting up the statute of limitations, alleged that the acts complained of by the plaintiff were done by the defendant under the authority conferred upon it by St. 1892, c. 185. In the Superior Court the case was tried before Hitchcock, J. The material facts shown by the evidence sufficiently appear in the opinion. The plaintiff asked the judge to make…
1Opinion of the CourtKnowlton, C. J.
The principal questions argued in this *532case are whether the St. 1892, c. 185, was duly accepted by the city of Pittsfield, and whether the act authorized the city, through its board of public works, to take the water of the brook without some formal proceeding in writing, by vote or otherwise, to show the acquisition of a title to the water.
The records of the" board of aldermen and of the common council are substantially alike in regard to the action upon the statute, and both show that it was “adopted ... by a two-thirds aye vote.” While these records are not so explicit as they ought to be,…
2Cases cited8 opinions
- United States v. LynahSupreme Court of the United States · 1903
- McCormick v. Bay CityMichigan Supreme Court · 1871
- Gloucester Water Supply Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1901
- Welles v. BattelleMassachusetts Supreme Judicial Court · 1814
- Appleton v. City of NewtonMassachusetts Supreme Judicial Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Malinoski v. D. S. McGrath, Inc.Massachusetts Supreme Judicial Court · 1933
- Moroni v. BrawdersMassachusetts Supreme Judicial Court · 1944
- Coleman v. LouisonMassachusetts Supreme Judicial Court · 1936
- Burt v. Municipal Council of TauntonMassachusetts Supreme Judicial Court · 1930
- Openshaw v. City of Fall RiverMassachusetts Supreme Judicial Court · 1934
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